Today the Court of Appeals for the Fourth Circuit issued an order that will significantly impede construction of the Mountain Valley Pipeline, halting MVP construction through rivers and streams in southern West Virginia for the foreseeable future.
Appalachian Mountain Advocates attorneys and our partners appeared before the court last week to challenge the Army Corps of Engineers’ certification for the pipeline under a general permit, Clean Water Act Nationwide Permit 12. The Court agreed with our argument that the Corps improperly certified the MVP under the general permit. We expect the Corps now be required to issue an individual permit for the project, requiring a significant environmental assessment, before it may proceed to construction. The court’s order can be found here.